Findings: There is a need for refining the Law on Public Procurement

Date: Nov 13, 2014

Bosnia and Herzegovina






In Banja Luka were presented the results of a regional research Project ‘’Towards Efficient Public Procurement Mechanisms in the EU (potential) Candidate Countries’’.

The aim of the presentation was to introduce the Bosnian public with the preliminary results of the functioning of public procurement system in Bosnia and Herzegovina, as well as the results of the monitoring of the implementation of specific public procurements in Bosnia and Herzegovina, in the period January 2012 - Sept. 2014, which are funded by the EU.

With the active participation of many representatives of different institutions from all over Bosnia and Herzegovina, as well as representatives of employers, NGOs, it was concluded that the new Law on Public Procurement, which begins with the implementation on 28 November 2014, represents a slight improvement of the legislative and institutional framework of the public procurement system in BiH.

However, it is not enough from the standpoint of basic principles such as transparency, equal treatment of all bidders, fair and active competition, non-discrimination, and the most efficient use of public money in public procurement procedures, said the Open Society Fund Bosnia and Herzegovina.

New single public procurement system in Bosnia and Herzegovina is not based on the number of detected irregularities and shortcomings of earlier normative framework and the poor results of its ten years of practical application, as well as on the European legislation.

‘’Great interest of many actors in public procurement, as well as the dynamics of the public procurement which is in the EU from day to day changes and aligns with the case law suggests the need of recent amendments to the procedures of the new Law on Public Procurement, which make the process of preparation and adoption of this time had to be largely open and inclusive of all stakeholders, especially employers, and small and medium enterprises’’, the statement said.

This project is implemented by the Foundation for an Open Society Serbia, Center for Nonprofit sector in Serbia, the Network for Affirmation of NGO sector in Montenegro, Center for Civil Communications Macedonia, the Open Society Foundation Slovakia and the Open Society Fund Bosnia and Herzegovina.


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